Francis, 36, continued his fight Monday against two counts of felony tax evasion, for tax years 2002 and 2003.

“I am thoroughly convinced the government’s conduct (in not providing Francis’ attorneys with copies of more than 6,000 emails sent between Francis and his former accountant Michael Barrett) was not willful,” U.S. District Court Judge S. James Otero said in Los Angleles federal court.

“This case requires a trial,” Otero added. “The defendant has asked for dismissal, but dismissal is not in order.”

Defense attorney Brad Brian argued that Barrett – who worked for Francis for more than two years – was “an enemy” of Francis who might be “motivated financially” to testify against Francis.